Week 9Lesson objectives for this week Whenever possible it is desirable to put the details of the prescribed behaviors in the bill itself. However, for various reasons this is not always possible. Almost all bills permit an implementing agency – usually the Minister responsible for the bill - to enact regulations that fill in the details necessary for the bill’s implementation. (In some jurisdictions regulations are referred to as “rules”, “subsidiary legislation”, or “subordinate legislation”) The degree to which a bill is transitive or intransitive is the degree to which the power to make regulations setting out the details of the law is delegated to an implementing agency. In a transitive bill most of the details appear in the bill itself. In an intransitive bill most of the details appear in regulations made by the implementing agency. Anytime a bill grants power to an implementing agency to draft the details of a law there is a dissolution of power from the legislature to the agency. When a drafter writes an intransitive bill the drafter must explain the reasons for doing so in the research report. Moreover, the grant of power must be qualified by procedures and criteria to help ensure effective regulations consistent with good governance. The problem-solving methodology is used to identify problems in existing regulation-making systems. The B session this week is the second of three sessions designed to increase the participant’s capacity to write unambiguous and precise sentences. The B Session excercises require you to apply eight new rules essential for this task. Assignments • Review Manual, Part III, Chapters 9-10.
|